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UNITED STATES v. BURGIO

No. 67 Crim. 752.

279 F.Supp. 843 (1968)

UNITED STATES of America v. Thomas BURGIO, Eugene John Ervolino, a/k/a Johnny Ervolino, Stanley Levine, Defendants.

United States District Court S. D. New York.

February 14, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., by Lars I. Kulleseid, Asst. U. S. Atty., Southern Dist. of New York, New York City, for United States.

Melvin D. Kraft, New York City, for defendant, Burgio.

MOTLEY, District Judge.

MEMORANDUM DECISION ON MOTION FOR SEVERANCE, BILL OF PARTICULARS, DISCOVERY

I. Severance

Defendant Thomas Burgio moves for an order severing the trial of his case from the trial of his two co-defendants named in the indictment pursuant to which the three will be jointly tried.1

The indictment is in seven counts. In count one it is alleged that Burgio and his two co-defendants,...

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